It looks like NY IOGA has had enough of the shenanigans. The following is copied from their recent submission to the NY DEC. Pay close attention to parts where IOGA alludes to the fact that the DEC is compelled by NY law to develop our resources. They clearly draw the line in the sand and remind NY that they will face class action lawsuits if they do not permit HVHF.

Comments on the New York State Department of Environmental Conservation’s Revised Proposed Regulations for High-Volume Hydraulic Fracturing Submitted by the Independent Oil and Gas Association of New YorkJ anuary 11, 2013

The Independent Oil and Gas Association of New York (“IOGA”) respectfully submits the following comments regarding the Revised Proposed Express Terms 6 NYCRR Parts 52 and190 Use of State Lands Administered by the Division of Fish, Wildlife and Marine Resourcesand Use of State Lands; Revised Proposed Express Terms 6 NYCRR Parts 550 through 556 and 560 Subchapter B: Mineral Resources; and Revised Proposed Express Terms 6 NYCRR Parts750.1 and 750-3 Obtaining a SPDES Permit and High Volume Hydro Fracturing (HVHF) (hereinafter the “Revised Proposed Regulations”), as well as the related documents issued pursuant to the State Administrative Procedure Act (“SAPA”). As part of these comments, IOGA has identified areas where the Revised Proposed Regulations and the related SAPA documents fail to comply with legal requirements, thus rendering the Revised Proposed Regulations legally defective and subject to challenge. In addition to the comments that follow,Exhibit A is IOGA’s proposal on how some of the Revised Proposed Regulations should be modified, which will bring the Revised Proposed Regulations into compliance with law and improve the overall quality of the Revised Proposed Regulations without compromising environmental standards.

Initially, IOGA would like to commend Department Staff’s continuing efforts regarding these regulatory proposals, including the need to respond to an unprecedented number of public comments. Although we recognize that the task at hand has been difficult for the Department, in the final analysis, the overarching concern of industry remains the failure of the Department to include provisions in the regulations that will allow Department Staff to implement the regulations in a manner that protects the environment to the maximum extent practicable, but does so in a manner that provides the necessary flexibility to allow the orderly development of the shale resources in New York State consistent with the mandates of New York law.

For the full sumission, visit: IOGA Submission

I applaud them for their frank and necessary critique of this circus. It is long overdue to re-open permitting, without overly burdensome regulations.